Bill C-48

An Act to amend the Criminal Code (bail reform)

This enactment amends the Criminal Code to, among other things,
(a) create a reverse onus provision for any person charged with a serious offence involving violence and the use of a weapon who has been convicted, within the last five years, of a serious offence involving violence and the use of a weapon;
(b) add certain firearms offences to the existing reverse onus provisions;
(c) expand the reverse onus provision for offences involving intimate partner violence to ensure that it applies to an accused person who has been previously discharged for such an offence;
(d) require the court to consider if an accused person has any previous convictions involving violence and to include in the record a statement that the safety and security of the community was considered; and
(e) require the court to include in the record a statement setting out how the court determined whether the accused is Aboriginal or belongs to a vulnerable population and, if so, how the particular circumstances of the accused were considered.
This enactment also makes further clarifications and provides for a parliamentary review of the provisions it enacts or amends to commence on the fifth anniversary of the day on which it receives royal assent, or as soon as feasible after that anniversary.

[The Deputy Speaker, Conservative, Chris d'Entremont]

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

December 5, 2023

Mr. Speaker,

I have the honour to inform you that the Right Honourable Mary May Simon, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 5th day of December, 2023, at 5:11 p.m.

Yours sincerely,

Ken MacKillop

Secretary to the Governor General

The schedule indicates the bill assented to was Bill C-48, an act to amend the Criminal Code (bail reform).

[Chelsea Moore, Acting Senior Counsel, Criminal Law Policy Section, Department of Justice]

Just to clarify, the motion G-1 would actually remove two proposals from this bill. I believe that might be a source of some of the confusion.

The first proposal that would be removed is the proposal to ask the prosecutor if the victim has been consulted, and the second proposal that would be removed is the proposal regarding electronic monitoring. They both fall under the first clause. The one motion deals with both proposals at the same time.

On electronic monitoring, as the committee is certainly aware, there was a specific condition added to the Criminal Code that, at bail, judges must consider imposing a condition of electronic monitoring in cases of intimate partner violence and other cases—other serious charges. That did receive royal assent in former Bill C-233. That's with respect to the second proposal.

The first proposal, with respect to the obligation to ask the prosecutor if they've consulted the victim about their safety and security, is not currently in the Criminal Code; however, there are a few related provisions, which have a similar intent to this proposal and would be added by Bill C-48, which was adopted by both Houses last week.

Hopefully that clarifies a little. I think there's been some discussion about both proposals, maybe mixing the discussion together, so I just wanted to clarify that there are two different ones.

Criminal Code

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, on a point of order, I believe if you seek it you will find unanimous consent for the following motion: That notwithstanding any standing order or usual practice of the House, the motion respecting Senate amendments made to Bill C-48, An Act to amend the Criminal Code (bail reform), standing on the Notice Paper be deemed adopted.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Madam Speaker, Bill C‑48 is not the type of bill we are used to seeing in a democracy, at least not here in Canada, and even less so in Quebec. We firmly believe in the presumption of innocence, that a person who is accused of a crime, whatever that crime, should be presumed innocent, and that the Crown must provide proof beyond a reasonable doubt without compelling self-incrimination.

There are, however, exceptions. I do not want to repeat what I said around 10 weeks ago about the same bill when I was announcing the Bloc Québécois's support. I still support the bill, and for the same reasons. I think that there are indeed situations in which the burden of proof should be reversed, for example when a person accused of certain serious crimes is asking for bail.

What Bill C‑48 proposes is that we reverse the burden of proof for serious offences involving violence, firearms offences, offences involving intimate partner violence, and offences for which the accused person has been found guilty and convicted within the past five years. In those cases, even if reversing the burden of proof is a little off-putting, I think we should do it in the case of conditional release to ensure public safety and avoid the commission of other, similar crimes. That, in a nutshell, is what I said about 10 weeks ago, and I am saying it again today. We think it is necessary in those types of cases.

Now we are studying the Senate's report. What is the Senate saying? Essentially, it is saying that it agrees with everything, but would like to add two conditions. I am summarizing a bit here, but one of the two conditions is that, if a judge decides that there is cause to reverse the burden of proof, they must “include [in the record of proceedings] a statement indicating how they considered their particular circumstances, as required under that section.” The judge must take the victim's situation into consideration and, if they do, the Senate tells us that they have to include in the record not only a statement that they did so, but an explanation of what motivated their decision.

In this respect, I agree, because many of these cases will find their way to appeals courts, and many of these situations will give rise to pleas based on the provisions of the charter, which effectively guarantees the presumption of innocence and that, as a result, the Crown, not the defendant, must prove that the defendant is guilty. In this case, the Crown must prove that the defendant has to be detained in order to maintain public safety.

Seeing as this violates the provisions of the charter, the courts may have to decide whether the trial judge made an informed decision in the circumstances. Should that occur, it is important for the judge to have noted the reasons for his or her decision in the court records, which could provide insight for an appeal board on whether the ruling was sound. I think that is wise. I still believe in the importance of Bill C‑48 and the reverse onus in situations like the ones indicated in the bill. For that reason I agree with the Senate's proposal, which I support almost enthusiastically.

The other provision the Senate mentions states that five years after the bill comes into force there will be a review of the question to determine whether the bill should be amended and decide whether it furthers the interests of justice.

The bill provided that this review would be done by a committee of the House of Commons. The Senate says it agrees, but that it too wants to participate. The amendment proposes that Bill C‑48 be referred to the “standing committee of the Senate and the standing committee of the House of Commons that normally consider” these matters.

I really do not see any reason to oppose the Senate's request. For these reasons, I am also in favour of the second aspect of the Senate's report. I know I am entitled to speak for 20 minutes and that I have been speaking for five or six minutes, but I do not think I will ask the House to listen to me repeat what I said about 10 weeks ago, in late September, nor will I repeat what I have just said using different words.

We are in favour of this motion and want Bill C‑48 to be passed and to come into effect as soon as possible.

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Madam Speaker, I would say that the member needs to dig a little deeper into the testimony and into the words being said.

Again, Bill C-48 would fix a small part of a very big problem in this country. It is not the end. It is not that we just pass the bill and walk away and clap, saying that it is a job well done. There is a lot more that needs to be done. There are many examples, as I cited in my speech, of repeat violent offenders getting out through a revolving door, over and over again.

The Liberals are taking a narrow approach that would not fix the problem and would not get crime rates and the crime wave addressed in this country. The NDP always does this. New Democrats go along with the Liberals; they go along with the plan, and now, they are just as responsible for the backtrack. They pushed the initial bill, Bill C-75 every step the way. They are admitting, just as much as the Liberals are, that they were soft on crime and that they are wrong in their approach. They need more humility. They need a little more water in their wine, and they need to do a full backtrack.

Law enforcement, Canadians and numerous experts are saying that this is one step, but many more steps are needed to fix the problem. The work is not done yet.

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Madam Speaker, after eight years of the current Prime Minister, Canada is not as safe these days. Canadians know that and they feel that. They hear example after example of that fear right at home. Members need not take my word for it. Canadians can share, sadly, many personal examples of that. However, I want to start my comments by framing the context of why we have this bill before us in Parliament again.

Earlier this summer, the government's own numbers agency, Stats Canada, released some staggering numbers that show just how bad the crime wave in Canada is after eight years of the NDP-Liberal government. It summarized a scary national breakdown of public safety in this country for an increase in occurrences of crime since 2015. Total violent crimes are up 39%. Homicides are up 43%, and are up for the fourth year in a row. Gang-related homicides are up 108%. Violent gun crimes are up 101%, and have been up every single year the Prime Minister has been in office. Aggravated assaults are up 24%. Assaults with a weapon or bodily harm are up 61%. Total sexual assaults are up 71%. Sex crimes against children are up 126%. Kidnappings are up 36%. Car thefts are up 34%.

When we look at the violent crimes severity index, under the previous Conservative government, it decreased by nearly 25%. Under the current Prime Minister and his NDP-Liberal government, it has gone in the total opposite direction. We can do a regional breakdown. I am taking the time to put this data from Stats Canada into the record for a specific reason.

In the city of Toronto, the total number of violent Criminal Code violations increased to 57,896 in 2022. That is a 30% increase since 2015. Homicides are up. After eight years, they are up 65.85%. In Toronto, violent firearms offences increased to 655 in 2022. That is an increase of 64%. Last year, 44 murders were committed with a firearm in Toronto. Twenty-four of those were by someone who was out on bail.

In the city of Winnipeg, the total number of violent Criminal Code violations increased to over 14,000, a 48.5% increase in eight years. Homicides increased by 136% in the city of Winnipeg.

In Calgary, the violent Criminal Code violations increased to nearly 16,000 last year, a 40% increase over eight years since the Prime Minister came into office. Violent firearms offences increased by 42.8% in Calgary.

Let us go a little bit further to Edmonton. Violent firearms offences increased by 97%.

Let us go a little further west to Vancouver. Violent Criminal Code violations increased to nearly 32,000 in 2022. That is a 22.5% increase since the Prime Minister and the NDP-Liberal government took office. Homicides are up 55% in Vancouver and violent firearms offences are up 22% in that city alone.

Coming back here to the nation's capital, the Ottawa-Gatineau region, the number of violent crime violations is just shy of 14,000, which is a 37.1% increase over eight years. Homicide has increased in the nation's capital by 112%. Violent firearms offences have increased by 115%. This is the situation after eight years of the Prime Minister and the Liberals' soft-on-crime policies. This is the record they sadly own.

Just over my shoulder behind me is my colleague for Dauphin—Swan River—Neepawa, which is in rural Manitoba. I have highlighted the stats of many of our major cities, but rural crime is also out of control. My colleague has raised this, I would say, at least a couple of dozen times. I have heard him tabling multiple petitions in the House from Canadians begging the Prime Minister to understand the public safety threat and the crime wave that has been unleashed in this country because of the government's policies, but it is to little or no avail. This is what is so frustrating for Canadians.

The Prime Minister is the best at photo ops. He loves selfies. He loves making announcements about the things he will do, how great it is, and how it has never been so good for Canadians. This is what we hear him talk about often, but any time the going gets tough, or we read the data and statistics as I just did, the Prime Minister heads for the hills. He goes up to the cottage and refuses to answer questions.

I have never, in my 36 years of life, seen somebody skirt from accountability based on their own record. It is always somebody else's fault. When we watch debate in the House and watch question period, we never see the government take an ounce of responsibility for the problems of this country. The Liberals will blame the provinces. They talk about law enforcement. They talk about everything but what they are actually responsible for and the policies that are doing this to every part of the country.

Before I get to Bill C-48 specifically, it is important for Canadians and the House to be reminded why we are talking about Bill C-48, and for the Liberals and the NDP to be humbled. It all emanates from an idea they had less than five years ago with Bill C-75, which made significant, major and wrong reforms to the bail process in Canada. It was passed in 2019, and it legislated a “principle of restraint”, which is what they called it, concerning bail. This was for police and courts to ensure that release at the earliest opportunity would be favoured over detention. Bail by default is a simple way of explaining this.

However, make no mistake about it, I read all those comments into the record about the severity of public safety in this country, which is being felt by millions of Canadians in their communities. This is not because of some random chance. It is not because of some phenomenon that just came along. It is because the Prime Minister passed Bill C-75 and wrecked our bail reform process. A revolving door of bail is happening in every part of this country.

Now, with Bill C-48, the Liberals have admitted it. This was after immense pressure from Conservatives, premiers of all parties in every province, territorial leaders and law enforcement officials who are working on the front lines of this crisis day in and day out. They were polled and forced to make this change to backtrack on their soft-on-crime policies. However, let me make it clear that this is only one small step of what needs to happen when it comes to bail reform in this country. They have gone back an inch, but they need to go back a heck of a lot further to solve the problems we are facing. It is simple, as members have heard us say before: jail not bail for repeat violent offenders.

I will nip this in the bud right off the bat. The Liberals always say that people make mistakes. Now I am not perfect, and I have made some mistakes, believe it or not. We all have. Canadians are concerned and frustrated that there are these repeat violent offenders in all those crime stats I just talked about. They are also seeing that law enforcement is extremely frustrated because, when someone gets arrested, they go in, and within a day or so, they are out on bail.

We are seeing a correlation. Law enforcement statistics are showing that repeat violent offenders are out causing chaos. They are causing numerous police interactions, numbering in the thousands. We are not talking about a speeding ticket, a small amount of substances or even a first offence. It is repeat violent offenders, and Canadians are getting tired of the revolving door. Our law enforcement is demoralized at how the government is ignoring the very valid concerns it is raising.

The Vancouver Police Union had an unbelievable statistics. I had to reread it probably two or three times just to comprehend the magnitude of how broken the bail system has become under the Liberals and the NDP. The Vancouver Police Union said that the same 40 offenders last year had 6,000 police interactions. Members can think of the resources of the revolving door, which is, over and over again, deferring police resources from keeping our communities safe. There were 6,000 times involving the same 40 people. That is insane. That is a broken Liberal soft-on-crime policy.

The frustrating part about all this is that the Liberals still do not get it. This bill goes nowhere near far enough to reverse the damage they have done and the public safety crisis, the crime wave, they have unleashed across the country.

The Prime Minister is in trouble. He was in trouble back in the summer. He desperately wanted to reset things. He is down in the polls, and after eight years, Canadians realize he is just not worth the cost, the corruption or the lack of safety we have in this country. He shuffled his cabinet. A few people announced their retirements and went to the backbenches or the side benches. New fresh faces came into cabinet.

There was a new justice minister, who I am going to guess on the very first day, after visiting Rideau Hall and heading to the Department of Justice for a briefing, was given a summary of the same Stats Canada data I just read. The first opportunity is not a full reversal on the failed Bill C-75.

We will fast-forward to the new justice minister going on CBC, of all places, for an interview. When he was confronted about those stats and how devastating they were, with the rapid increase of violent crime in this country, his response to Canadians was to say that it was all in their heads. He said, “empirically it's unlikely” that Canada had become less safe. That is the reset. That is the new justice minister advocating for public safety in this country saying that it is just in Canadians' heads and that it is just a thing you hear on TV. He is out of touch.

This is what we have seen time and time again with the government's approach to bills such as Bill C-48. Premiers, law enforcement and millions of Canadians who have become victims of crime and/or know somebody who has become a victim of crime are saying that enough is enough.

The justice minister gave a slap in the face to victims of crime. To have the Prime Minister double down, denying just how bad the public safety crisis is in this country, shows us where the Liberals are starting from. The Liberals should frankly be embarrassed about Bill C-48 because they are admitting that the approach in their previous bills was absolutely wrong. They have backtracked.

As I said before, Conservatives have been clear that this does not go far enough to fix the revolving door of bail in this country. This bill is before us only because of the efforts of Conservative members of Parliament at committee, of provincial premiers who were united against the federal government and the Prime Minister and of courageous frontline law enforcement in every part of this country. They have all had enough. We owe it to them to not just pass Bill C-48 but to do the full fix to protect law enforcement and Canadians and keep people safe. This bill is an admission of failure by the Liberals and NDP. It is an admission that they were soft on crime, and it is proof that they are failing Canadians in keeping them safe.

I want to highlight the months of testimony that was heard at the justice committee on Canada's broken bail system. There were many key points raised that need to be brought into the debate we are having on the floor of the House. Comprehensive bail reform is urgent. Repeat and violent offenders are becoming a bigger problem for law enforcement. The public's right to be protected against violent repeat offenders must outweigh the violent repeat offenders' right to bail. That, as we would say, is common sense.

There is agreement among numerous individuals with a background in law enforcement and public safety who testified that Bill C-75 has failed to help victims of intimate violence. The current bail system now has put frontline officers at risk, and the Liberals, with their efforts, have sadly eroded the integrity of Canada's bail system. Judges have to apply the Criminal Code as written, and now people who pose a risk to public safety are too often receiving bail. The government is sending the wrong message to Canadians.

It did this only after all of this pressure, whether it was at the justice committee, in question period, in the letter that the premiers signed, from numerous police unions and provincial and national chiefs of police associations or, most importantly, through the devastating stories from way too many Canadians about how they have become victims of crime and about living in neighbourhoods where, for generations and decades, they felt safe in their hamlets, subdivisions, communities and small towns, and now that has been eroded.

It is important in these debates to humanize what is going on. The sad part that is not in Bill C-48 is the devastating and sad story from only a few months ago of OPP Constable Grzegorz Pierzchala. His killer was out on bail. We now know that, based on this bill and its small fix, which is not the full fix but a partial fix, that individual would have still been out on bail. It is extremely frustrating. The list goes on of media story after media story that highlight the crisis we are in.

It was the Canadian Association of Chiefs of Police that begged for an urgent meeting with premiers and national leaders about this bill. It does not go the full way that it has been asking for. It says easy bail policies make “much of our work pointless”. That is what the chiefs of police are saying about the Liberals' legislative record on justice and public safety.

The BC Urban Mayors' Caucus compiled data showing more than 11,000 negative police contacts by just 204 offenders who “rarely faced any consequences for their criminality”. I spoke before about the Vancouver Police Union. Police officers in Vancouver themselves have released data on the 44 most recent stranger attack suspects, showing that 78% of them had already been charged in a previous criminal incident.

Most notably, the law requires that the top priority in any bail hearing is “the release of the accused at the earliest reasonable opportunity and on the least onerous conditions”. That has got to change. Again, jail, not bail, for repeat offenders must be the goal of the government. After eight years, Canadians cannot afford any more of this nonsense from the Liberals, propped up every step of the way by the NDP.

I want to end my comments tonight with a reflection on where we are at when it comes to the priorities of public safety of the Liberal government and the Prime Minister. I want to talk about the benefit of the doubt, and have Canadians reflect on something that would tell them everything they need to know about the broken approach the Liberals have and the contrast on this side of the aisle with Conservatives, which could not be more clear.

With respect to bail reform, with Bill C-75 in the Liberals' legislative record, they want to give the principle of restraint, the least onerous bail conditions, and give those who are accused the benefit of the doubt so they can get out on bail. Even if, over and over again, they are being arrested or charged, or are having interactions with the police, by default, by benefit of the doubt, they get out. The result has been a crime wave, with skyrocketing numbers from Statistics Canada on where we are at in this country.

By contrast, when we talk about the benefit of the doubt, what is the solution for the problem, in the minds of the Liberals? It is to take away hunting rifles and go after law-abiding hunters, farmers, indigenous communities and sport shooters alike. There is zero benefit of the doubt for those who are law-abiding, have their PAL, have a criminal record check and have never had an issue or an interaction with police whatsoever. The Liberals and the Prime Minister do not think they deserve any benefit of the doubt; they just want to confiscate and waste billions going after Canadians who are of no concern with respect to public safety. That benefit of the doubt tells us everything we need to know about the Prime Minister. There is no common sense there.

It is time, not just to pass Bill C-48, a small fraction of a solution, but to do the right thing for Canadians who are tired either of being the victim of crime or of hearing of a neighbour, a friend or a co-worker who has been the victim of crime. Do it for the frontline law enforcement members in this country, who deserve the resources to keep repeat violent offenders behind bars. We need jail, not bail, for repeat violent offenders.

It is time in this country for common sense. It is time for a real plan for public safety. It is time for the Prime Minister to put a little water in his wine, have a little humility, listen to premiers, listen to law enforcement and bring change, not only with Bill C-48 but also with the full fix this country needs in order to be protected.

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill C-48, an act to amend the Criminal Code (bail reform).

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

moved the second reading of, and concurrence in, amendments made by the Senate to Bill C-48, An Act to amend the Criminal Code (bail reform).

Mr. Speaker, I thank the hon. members. I am very pleased with the progress of Bill C‑48 in both Houses, and I am happy to be speaking to it again here.

This bill will strengthen our bail laws so they continue to protect our communities and maintain public confidence when it comes to violent repeat offenders and weapons offences.

I will start by briefly reiterating the bill's intent. I will then describe the amendments proposed by the Standing Senate Committee on Legal and Constitutional Affairs. Lastly, I will lay out the government's position on these amendments.

This bill demonstrates our government's commitment to public safety and my commitment to public safety. We will always fight to ensure that our communities are protected from violent crime. Families have been forever changed because of senseless killings.

I want to take this moment to express my sincere sympathies to victims of violence and their loved ones. A 16-year-old, Gabriel Magalhaes, was fatally stabbed at a subway station in my own riding of Parkdale—High Park. This terrible act should never have occurred. We need to do address crime, as well as what causes crime, to stop future violence from occurring.

Bill C-48 is the culmination of extensive collaboration with provinces and territories, with which I have been working very closely. All 13 premiers came together and called for bail reform. We responded to this call and went even further in Bill C-48.

In addition to the premiers, Bill C-48 has received support from municipal leaders, police groups and victims' organizations right across the country, from coast to coast to coast. I am pleased to see such incredibly widespread support for a measure that would ensure Canadians can live free from fear of violence.

I am also grateful for the discussions we have had with national indigenous organizations on the topic of bail reform. Their views help us better understand how we can keep indigenous communities, and all communities, safe. I look forward to continuing my collaboration with representatives of these important organizations.

I also want to take a moment to acknowledge and recognize that members from all parties passed Bill C-48 unanimously in the House back on the first day of the fall session, on September 18. It was clear then that all of us recognized the importance of these measures. I am very hopeful that we can maintain the same unanimity of purpose today.

Public safety is paramount. It is fundamentally why all of us were elected to this chamber. Every member of this chamber wants the communities that we represent to be free from violence. I thank my colleagues for their support to date and I hope I can count on it today and going forward.

On this side of the House, we also commit to maintaining public safety while looking also at tackling the root causes of criminality. We need more mental health resources so that people in crisis do not resort to violence. I say this on a day when we have just launched the 988 suicide helpline. We need social services to help offenders reintegrate safely into their communities after serving their time. We need treatment options for those struggling with addiction so that they do not get mired in conflict. Investing in long-term solutions to crime is a core belief of mine and of our Liberal government.

Too often, I have heard fearmongering for political gain from people in this chamber. We need solutions; we do not need finger pointing. We need investments in long-term safety. We need evidence-based legislation. I challenge my colleagues to join me in supporting community investments so we can stop crime at its root.

I will now discuss the substantive changes proposed in Bill C-48. Canadians expect laws that both keep them safe and respect the rights enshrined in the charter. In Bill C-48, I believe we have struck that balance.

Bill C-48 is a targeted approach to stopping repeat violent offenders. The bill proposes amendments to the reverse onus bail provisions in the Criminal Code to make it more onerous for certain accused persons to receive bail. A reverse onus does simply this. It shifts the burden of proof at a bail hearing from the Crown to the accused. This means that there is a presumption that the accused will be detained unless they can demonstrate to the court that they should be released because they do not pose a significant risk to public safety, are not a flight risk or that their release would not undermine the confidence of the public.

What Bill C-48 would do is add a reverse onus provision to ensure greater scrutiny of cases involving repeat violent offending with weapons. For this reverse onus to apply, the accused must, one, be charged with a violence offence involving the use of a weapon. Two, they must have been convicted in the last five years of a violent offence involving the use of a weapon. Three, both the offence charged and the past offence must have a maximum term of imprisonment of 10 years or more. This threefold criteria would encourage courts to focus their attention on those who present a higher risk of reoffending at the bail stage of criminal proceedings.

Second, four firearms offences would be added to the reverse onus provisions that currently exist. This proposal has the broad support of law enforcement agencies right across this country, from literally every province and territory. It would implement the call from all 13 premiers of three different political stripes to add a reverse onus for the offence of possessing a loaded prohibited or restricted firearm. What we would be adding to the premiers' request is unlawful possession of a loaded or easily loaded prohibited or restricted firearm, breaking or entering to steal a firearm, robbery to steal a firearm and making an automatic firearm. Anyone involved in those offences would be subject to the same reverse onus.

This bill would also clarify the meaning of a prohibition order at the bail stage. A reverse onus at bail currently applies to accused persons charged with offences involving firearms or other weapons where they are subject to a weapons prohibition order. This bill would make absolutely clear that a prohibition order includes a bail condition prohibiting an accused from being in possession of firearms or other weapons.

The other changes proposed by Bill C-48 relate to considerations that courts must make in their bail decisions. This bill would require bail courts to consider if the accused person's criminal record includes a history of convictions involving violence regardless of whether the accused is subject to a reverse onus.

In addition, Bill C-48 would add a further requirement that bail courts expressly consider the safety and security of the community in relation to the alleged offence when making a bail order, in addition to the safety and security of any victim who is involved. This would ensure that specific concerns from smaller municipalities, indigenous communities and racialized or marginalized communities are taken into consideration at the bail hearing. That directly responds to what we heard, particularly from small communities in Canada's north, including small indigenous communities in the north, which wanted their needs reflected and views heard at such bail hearings.

Let me now turn to two changes the Senate is proposing to make to this bill.

The first proposal of the Senate relates to an amendment that would require a statement in the record of proceedings as to how a justice or justice of the peace considered section 493.2 of the Criminal Code. This section states that, when making a decision relating to bail, courts shall give particular attention to the circumstances of indigenous accused and accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining bail.

This is a mandatory provision that requires courts to turn their minds to these circumstances anytime they make a bail decision. What the Senate is doing is doubling down on that provision and emphasizing its importance. In terms of the overrepresentation of Black Canadians and indigenous persons in the criminal justice system, overrepresentation is a critical problem and I welcome this amendment.

The provision being cited by the Senate was originally enacted in 2019. Since then, many cases on the application of this provision have developed guidance for bail courts. It is clear from these cases that failing to adequately consider section 493.2 is an error of law that is a reviewable error. That said, the Senate heard from some witnesses that section 493.2 is not always considered and not always applied consistently despite there being a requirement to do so.

What the proposed amendment from the Senate would do is ensure that bail courts are fulfilling their obligations to consider these particular circumstances in every applicable case and recording that they have done so. This amendment would also be consistent with the preamble of Bill C-48, which currently reiterates “the need to consider the particular circumstances of accused persons, including those from populations that face disadvantages at the bail stage and are overrepresented in the criminal justice system”. In light of this, the government and I support this amendment and invite all members of this House to vote in favour of it.

Tackling the overincarceration of Black, indigenous and marginalized Canadians remains a fundamental priority for me and the government. We cannot accept a status quo in which marginalized groups are disproportionally incarcerated on account of systemic factors, including systemic racism and discrimination. To date, we have made progress on addressing this problem, including by removing multiple mandatory minimum penalties in the form of Bill C-5, which has already passed in the House.

There is always more work to do. I am proud of the work we have done on implementing assessments of the impact of race and culture and relaunching the anti-racism action plan, as well as the work that is ongoing on the Black justice strategy and the indigenous justice strategy. This is all fundamental to the work that will continue to be done to address systemic inequalities in the justice system.

The second amendment adopted by the Senate specified that this legislation be referred to a standing committee of the Senate for review at a future date. The effect of this amendment is that both the House of Commons and the Senate would be required to review the legislation five years after the act receives royal assent. I support this change as well.

I am encouraged by the speed at which we were able to reach a consensus in the House of Commons last time we studied this bill on September 18. I would suggest that we do the same so that the bill can be passed as soon as possible.

I would like to conclude by pointing out that bail is a responsibility shared by the federal, provincial and territorial governments. Every level of government has a role to play to make sure that our bail system works as intended. The government is doing its part, but non-legislative changes such as access to permanent housing and mental health and addiction support services are also key elements in improving our bail system.

I commend the work recently done in these areas, and I will continue to collaborate with all levels of government to make sure that the objectives of the bail system are achieved. I also undertake to make sure that we collect accurate and complete data on the bail system in Canada, and I will continue to work with our partners to that end.

Data sharing is essential for monitoring our bail system and ensuring it functions properly. I call upon provinces and territories to collect and share enhanced bail data. This will allow us to make evidence-based changes to bail law in the future.

The House proceeded to the consideration of amendments made by the Senate to Bill C‑48, An Act to amend the Criminal Code (bail reform).

Business of the House

[Karina Gould, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon, we will debate the Senate amendments related to Bill C-48 on bail reform.

Tomorrow morning, we will call Government Business No. 31, which concerns Bill C-50, an act respecting accountability, transparency and engagement to support the creation of sustainable jobs for workers and economic growth in a net-zero economy. Tomorrow afternoon, we will call report stage and third reading of Bill C-57, which would implement the 2023 free trade agreement between Canada and Ukraine.

Next week, priority will be given to the motion relating to Bill C-50. We will also call report stage and third reading of Bill C-56, the affordability legislation, and second reading of Bill C-59, an act to implement certain provisions of the fall economic statement, which was introduced earlier today. Thursday will be an opposition day.

For the following week, I will circle back to the member opposite.

Opposition Motion—Passage of Bill C-234 by the Senate

[Jennifer O'Connell, Liberal, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, part of the debate here today on the motion at hand is about the Conservatives trying to have the House dictate to the Senate what bills it should pass. Bill C-48 is a bill that is incredibly important to provinces and territories, including B.C. The Conservatives have not been too concerned about it in the Senate, shown by the fact that it has taken them two months to get through it.

Could my hon. colleague speak to the fact that Conservative games in the Senate are stopping the passage of crucial legislation that provinces, such as British Columbia, have asked our government to implement?

[Catherine Latimer]

Well, I think there are technical reasons as well as substantive reasons for not proceeding now with Bill S-205. The primary one is that Parliament has already looked at almost the exact wording of the provision in the judicial interim release reverse onus provision, so it will already have made a determination. That bill, Bill C-48, includes a review provision so that the effect of those particular provisions can be looked at and changed more if need be.

[Catherine Latimer]

In conclusion, the John Howard Society of Canada urges the committee not to pass Bill S-205 at this time, as the House has unanimously passed Bill C-48 and the bill is now in the Senate, which gave attention to the issue of intimate partner violence during the bail process and already includes a key measure that is proposed in this bill. Further, the range of section 810 recognizance orders is already adequate to deal with the fear of intimate partner violence, and the proposals in Bill S-205 are disproportionately harsh.

I agree with what the witnesses had to say before. The criminal justice system has a very limited range of tools that it can use to assist with intimate partner violence. The better answers lie outside the criminal justice system.

[Catherine Latimer, Executive Director, John Howard Society of Canada]

Thank you, Madam Chair, and thank you, committee members. It's a great pleasure to be here. I want to thank you very much for seeking the views of the John Howard Society on Bill S-205.

As a charity, we're committed to effective, just and humane responses to the causes and consequences of crime. The John Howard Society is concerned about preventing crime, and about appropriate and effective consequences for having committed crimes.

Preventing intimate partner violence is a shared goal, but our assessment is that there's very little in Bill S-205 that would make a difference in preventing violence.

Bill S-205 amendments really pertain to two areas. One is the judicial interim release provisions, or bail provisions, and the other is the new category of recognizance orders relating to the fear of domestic violence.

In terms of the judicial interim release provisions, there is a heavy reliance, as the other witnesses have mentioned, on electronic monitoring as a condition of pretrial release if it is sought by the Attorney General.

We would first point out that the research on electronic monitoring has been inconclusive in terms of its effectiveness in preventing crime.

Second, the technology is very expensive, and it is important to note who would be paying for the device and for its monitoring. Given that it is the AG who is seeking it, can we safely assume that it would be the AG who is paying for it? That's not always the case; often, individuals who are released on bail or on community sentences are being asked to pay for the monitoring. This actually worsens a class bias in the criminal justice system through which the affluent are more likely to benefit and the marginalized and impoverished, including members of the indigenous and Black communities, are more likely to be denied.

The reverse onus provisions that are being proposed in paragraph 515(6)(b.1) mirror the contentious provisions that were included in Bill C-48, which make prior discharges equivalent to convictions, triggering the reverse onus provision for bail for prior intimate partner violence offences. Many witnesses appearing before the Senate on Bill C-48 cautioned that including discharges would raise charter concerns.

There is almost a retroactive application to this provision, which is troubling. Many accused, including women who are also often charged when it is unclear who initiated the domestic conflict, might have agreed to plead guilty to an offence that might otherwise have been successfully contested at trial on the understanding that the discharge would have no future negative criminal justice implications for them. Now it would.

In any event, the equivalent of this section will have already been accepted or dropped in Bill C-48, making this section duplicative or possibly inconsistent with the will of Parliament.

The second major area is the recognizance orders. Our view is that the proliferation of section 810 orders to reflect the fear of certain types of future crimes is unnecessary and bad policy. Existing sections 810 and 810.2, which specifically refer to intimate partner violence, are adequate to cover those fearing domestic violent offences.

It should be noted that the proposed intimate personal violence recognizance in this bill is triggered by a fear of a personal injury offence, yet section 810.2 recognizance is triggered by a fear of a “serious personal injury offence”. This indicates that the latter category applies to persons who pose more of a threat of serious harm, yet Bill S-205 proposes much harsher treatment of the former for the 810 order than for the 810.2 orders, and this will create a sense of a disproportionate, unfair response based on the severity of the risk posed.

There are also some amendments to the Youth Criminal Justice Act, but I won't get into those for fear of running overtime.

Public Safety

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, making sure Canadians are safe and feel safe in their community is a priority for our federal government. It is not optional; it is not political.

In my riding of Vaughan—Woodbridge, public safety is at the centre of many conversations. We know the federal government has a leading role to play. Vaughan residents support the co-operation and collaboration seen from all levels of government, law enforcement and victim advocates working together to crack down on crime, keep guns away from our streets and protect Canadians.

Canadians asked that we strengthen the justice system to keep repeat offenders behind bars. As a response, our government introduced Bill C-48 on bail reform, which would amend the Criminal Code and reinforce public confidence in Canada's justice system.

We also introduced a national freeze on handguns, supported the Province of Ontario with $120 million to combat guns and gangs, and provided over $500 million to CBSA to protect our borders. By providing the funding, working with all levels of government and passing impactful bail reform legislation, we are doing everything it takes to keep Canadians safe.